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LIMITED WARRANTY
TopHead Global Networks, Inc. ("TopHead") warrants
this TopHead Dual LCD Monitor ("Product") to be
free from defects in material or workmanship, as follows:
| A. Labor |
For a period of one (3) year
from the date of purchase, TopHead will, at no charge,
repair this Product if determined by TopHead to be defective.
After the warranty period, the Purchaser must pay all
labor charges. |
| B. Parts |
For a period of one (3) year
from the date of purchase TopHead will, at no charge,
supply new or rebuilt replacements for parts determined
by TopHead to be defective. After the warranty period,
the Purchaser must pay all parts charges. |
During the warranty period, when requesting the repair of
the Product, the Purchaser will either return the defective
Product, freight prepaid, or delivers it to a TopHead Service
Center or to a service facility authorized by TopHead. The
Product to be repaired must be returned in either its original
carton or a similar package affording an equal degree of protection.
TopHead will return the repaired Product freight prepaid to
Purchaser. All freight costs associated with replacement of
warranty parts after expiration of the original labor warranty
period are the responsibility of the Purchaser. TopHead is
not obligated to provide Purchaser with a substitute unit
during the warranty period or at any time. For an additional
fee, TopHead Field Service and Support subject to availability
can provide onsite support at the Purchaser's location at
TopHead's prevailing per incident billable rates.
The limited warranty stated
on this card is subject to all of the following terms and
conditions
TERMS AND CONDITIONS
1. NOTIFICATION OF CLAIMS:
WARRANTY SERVICE: If the Purchaser believes that the Product
is defective in material or workmanship, then written notice
with an explanation of the claim shall be given promptly by
Purchaser to TopHead. All claims for warranty service must
be made within the warranty period. No repair or replacement
of any Product or part thereof shall extend the warranty period
as the entire Product. The specific warranty on the repaired
part only shall be in effect for a period of ninety (90) days
following the repair or replacement of that part or the remaining
period of the Product parts warranty, whichever is greater.
2. EXCLUSIVE REMEDY: ACCEPTANCE:
Purchaser's exclusive remedy and TopHead's sole obligation
is to supply (or pay for) all labor necessary to repair any
Product found to be defective within the warranty period and
to supply, at no extra charge, new or rebuilt replacements
for defective parts.
3. EXCEPTIONS TO LIMITED WARRANTY:
TopHead shall have no liability or obligation to Purchaser
with respect to any Product requiring service during the warranty
period which is subjected to any of the following: abuse,
improper use: negligence, accident, modification, failure
of the end-user to follow the Operating Procedures outlined
in the User's Manual, or failure of the end-user to follow
the Maintenance Procedures, as described in the Service Manual
for the Product. (where) There is a specified schedule for
regular replacement, maintenance or cleaning of certain parts
(based on usage). If the end-user has failed to follow such
schedule; attempted repair by non-qualified personnel operate
of the Product outside of the published environmental and
electrical parameters, or if such Product's original identification
(trademark, serial number) markings have been defaced, altered,
or removed, TopHead shall also have no liability or obligation
to Purchaser. TopHead excludes from warranty coverage Products
sold "AS IS" and/or "WITH ALL FAULTS"
and excludes used Products which have not been sold by TopHead
to the Purchaser. TopHead also excludes from warranty coverage
Products located outside of the United States and consumable
items such as batteries.
All software and accompanying documentation furnished with,
or as part of the Product is furnished "AS IS" (i.e.
without warranty of any kind) except where expressly provided
otherwise in any documentation or license agreement furnished
with the Product
4. PROOF OF PURCHASE:
The Purchaser's dated bill of sale must be retained as evidence
of the date of purchase and to establish warranty eligibility.
DISCLAIMER OF WARRANTY
EXCEPT FOR THE FOREGOING WARRANTIES, TOPHEAD
HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY AND/OR ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND/OR ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT.
TOPHEAD HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTY THAT
THE PRODUCT IS COMPATIBLE WITH ANY COMBINATION OF NON-TOPHEAD
PRODUCTS PURCHASER MAY CHOOSE TO CONNECT TO THE PRODUCT.
LIMITATION OF LIABILITY
THE LIABILITY OF TOPHEAD, IF ANY, AND
PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY
CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF THE LEGAL THEORY
AND WHETHER ARISING IN TORT OR CONTRACT, SHALL NOT BE GREATER
THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT WITH RESPECT
TO WHICH SUCH CLAIM IS MADE. IN NO EVENT SHALL TOPHEAD BE
LIABLE TO PURCHASER FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED
TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE
LOSS OF PRESENT OR PROSPECTIVE PROFITS OR FOR ANY OTHER REASON
WHATSOEVER.
For further information and the name of the nearest authorized
TopHead service facility contact:
For Customer Service
and Technical Support,
Tophead Global Networks, Inc.
92 Montvale Avenue, Suite 3850 Stoneham, Massachusetts 02180
Tel : 781-279-1078, Fax : 781-279-1079
E-mail : techsupport@tophead.com
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